How much money was awarded in case 4910635?

Filing Fee: $20.44 awarded to landlord

What type of tenancy dispute was case 4910635?

The dispute type was not classified.

Where can I read the official tribunal order for case 4910635?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10569115-Tribunal_Order_Redacted.pdf.

How much money was awarded in case 4910635?

Filing Fee: $20.44 awarded to landlord

What type of tenancy dispute was case 4910635?

The dispute type was not classified.

Where can I read the official tribunal order for case 4910635?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10569115-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 4910635 — Tenancy dispute

Q: What was Tenancy Tribunal case 4910635 about?

The tribunal order states: The tenancy of Michelle Rogers at [Tenancy address suppressed] is terminated,

Tenantcheck Insights

Order

Claims and awards in Tenancy Tribunal application 4910635 — net $20.44 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$20.44
Total payable by Tenant to Landlord	$20.44

The tenancy of Michelle Rogers at [Tenancy address suppressed] is terminated, and possession is granted to [The landlord/s], at 11.59 am on Tuesday 16 July 2024.

Michelle Rogers must pay [The landlord/s] $20.44 immediately, calculated as shown in the table below:

The claim for compensation was withdrawn by the landlord.

Reasons

The landlord attended the hearing.

The hearing was set down to commence at 2pm. I delayed starting the hearing until 2.10 pm. The tenant was still not present. The matter proceeded in her absence.

The landlord has applied for termination of the tenancy for breach of the tenant’s obligations.

Should the tenancy be terminated?

The Tribunal may terminate a tenancy for breach where, due to the nature or extent of the breach, it would be inequitable to refuse to terminate. See section 56(1) Residential Tenancies Act 1986 (“RTA”).

Where the breach is capable of remedy the landlord must first serve a notice on the tenant requiring them to remedy the breach within at least 14 days and establish that the tenant has failed to do so.

The tenant has breached their obligations by using the premises for an unlawful purpose, removing the smoke alarms, breaching both the tenancy agreement and the body corporate rules, which prohibit smoking.

Using the premises for an unlawful purpose is a breach of the RTA. The possession and use of cannabis and related utensils is an offence against the Misuse of Drugs Act 1975.

Removing smoke alarms is a breach of s.40(2)(ab) RTA.

Smoking in the premises is both a breach of the Tenancy Agreement and the Body Corporate rules.

The landlord served a 14-day notice on the tenant on 27 May 2024 requiring the tenant to remedy the breaches referred to above, and the tenant did not remedy the breach within the required period.

The landlord returned at the end of the 14-day period to inspect the premises. The landlord discovered cannabis leaf in a number of areas within the premises, ash in ashtrays, tobacco in a tobacco pouch, what appeared to be pre rolled cannabis cigarettes and a grinder which is commonly used to grind cannabis leaf into smaller amounts. The smoke alarms had not been replaced.

It would be inequitable to refuse to terminate the tenancy because the tenant has been given the opportunity to comply with the notice. The landlord said that she had inspected the premises again yesterday and evidence of cannabis use, and possession remains. The landlord has arranged for replacement smoke alarms to be installed.

The tenancy is terminated.

As [The applicant/s] has wholly succeeded with the claim I must order the tenant to reimburse the filing fee.

The landlord has applied for name suppression. The landlord has been wholly successful in this matter and suppression of the landlord’s name and details is ordered.

Order

Claims and awards in Tenancy Tribunal application 4910635 — net $20.44 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$20.44
Total payable by Tenant to Landlord	$20.44

The tenancy of Michelle Rogers at [Tenancy address suppressed] is terminated, and possession is granted to [The landlord/s], at 11.59 am on Tuesday 16 July 2024.

Michelle Rogers must pay [The landlord/s] $20.44 immediately, calculated as shown in the table below:

The claim for compensation was withdrawn by the landlord.

Reasons

The landlord attended the hearing.

The hearing was set down to commence at 2pm. I delayed starting the hearing until 2.10 pm. The tenant was still not present. The matter proceeded in her absence.

The landlord has applied for termination of the tenancy for breach of the tenant’s obligations.

Should the tenancy be terminated?

Using the premises for an unlawful purpose is a breach of the RTA. The possession and use of cannabis and related utensils is an offence against the Misuse of Drugs Act 1975.

Removing smoke alarms is a breach of s.40(2)(ab) RTA.

Smoking in the premises is both a breach of the Tenancy Agreement and the Body Corporate rules.

The landlord served a 14-day notice on the tenant on 27 May 2024 requiring the tenant to remedy the breaches referred to above, and the tenant did not remedy the breach within the required period.

The tenancy is terminated.

As [The applicant/s] has wholly succeeded with the claim I must order the tenant to reimburse the filing fee.

The landlord has applied for name suppression. The landlord has been wholly successful in this matter and suppression of the landlord’s name and details is ordered.

Tenancy Tribunal case 4910635 — Tenancy dispute

At a glance

Tenancy Tribunal case 4910635 — Tenancy dispute

At a glance

Award balance

Claims & awards

Order

Reasons

Should the tenancy be terminated?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

Should the tenancy be terminated?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions